Bar Council Disciplinary Actions

I have not found any instances of punishment on website of council of Gujarat

I need instances of punishment for violation of rule * and * conduct rules.

I need case of any state/ or BCI

yes.I would appreciate help.

I have checked * websites so far. There is not a single case reported on website.

BCG.BC of TN,BC of WB

yes

I have sent RTI application to BCG.To: The Central Public Information Officer Bar Council of India Opp. Gate Number * of Gujarat High Court, Ahmedabad Date: */Aug./* Subject: Application under Right to Information Act, * - Information on Violations of Rule * and Rule * of the Bar Council of India Rules Respected Sir/Madam, I am submitting this application under the Right to Information Act, *, to request information related to violations of Rule * and Rule * of the Bar Council of India Rules governing advocates’ conduct. Specific Information Sought: Complaints Received (*-*): Kindly provide the total number of complaints received by the Bar Council of India between * and * regarding violations of Rule * (Duty to Court) and Rule * (Duty to Opponent). Nature of Complaints: Please provide copies of the original complaints or a summary outlining the nature of the complaints related to Rule * and Rule * violations. Kindly classify the complaints based on the types of misconduct alleged. Disposition of Complaints: How many of these complaints resulted in disciplinary action against advocates? Please specify the types of disciplinary actions taken (e.g., reprimand, suspension, disbarment). Court Proceedings: How many cases have been filed before courts challenging the disciplinary actions taken by the Bar Council of India concerning Rule * and Rule * violations? Please provide details of the allegations, defenses raised by the advocates, and the outcomes of such cases. Guidelines or Amendments: Have there been any amendments or changes to the guidelines concerning Rule * and Rule * in the past 10 years? Please provide details of these amendments, if any. Role of Advocates in Legal Notices: Has the Bar Council of India issued any clarifications or guidelines regarding advocates’ roles in drafting legal notices, particularly concerning their responsibility for ensuring the accuracy of the claims made by their clients? Application Fee: I am attaching a postal order of Rs. * towards the application fee and photocopy charges as prescribed under the RTI Act. Kindly send the information to my address as provided below, or alternatively, to my email at bharatk8@yahoo.com. Thank you for your time and attention to this matter. I look forward to your response within the stipulated time as per the RTI Act, *. Yours sincerely, Bharat Khatwani *, Sardarnagar, Ahmedabad * Mob. *

Read my letter to CJI and suggest improvement...From: Bharat Khatwani [Your Contact Information] [Your Address] [City, State, Zip Code] [Date] To The Honourable Chief Justice of India Supreme Court of India New Delhi Subject: Urgent Need to Address Frivolous Legal Notices Overwhelming the Judiciary and Eroding Public Trust Your Lordship, With reference to the above, it is respectfully submitted that the inclusion of baseless, unfounded, and legally unsustainable claims in legal notices has severely compromised the integrity of legal proceedings. This practice fosters the misuse of legal mechanisms, increasing the hardships faced by law-abiding citizens and eroding public confidence in the legal profession. Highlighting a Systemic Legal Malady My experience exemplifies a more significant systemic issue within our legal framework. A legal notice served by my tenant demanded an absurd amount—equivalent to 150 years of rent—based on an alleged oral agreement that is both time-barred and uncorroborated. Other claims within the notice also lack legal merit. Despite my detailed compliance and challenging these claims, the tenant has not resumed rent payments. This situation reflects a broader strategy to weaponize legal processes for unjust ends, undermining the integrity of our legal system and coercing law-abiding citizens into costly litigation or forcing them to submit to ransom demands. Experiments Conducted to Combat Frivolous Legal Notices on Pathlegal and Lawyer's Club In my search for solutions to tackle baseless legal notices, I turned to online platforms like PathLegal and Lawyers Club of India. However, as I engaged with these forums, I realized that I needed to focus on uncovering the reasons behind such a situation. This led me to conduct several experiments, which revealed the unsettling truth behind these baseless legal notices: a profound disregard for ethics. PathLegal Experiment *: I posted a hypothetical scenario on PathLegal, asking whether an advocate would draft a legal notice for an accomplice in a bank robbery, demanding a fair share of the stolen money. Shockingly, the majority of advocates expressed no reservations about accepting the task, maintaining that their primary obligation was to their client, irrespective of the claim's legality or ethics. [Experiment link: https://www.pathlegal.in/my/viewquestion.php?q_id=Q000000001032520] PathLegal Experiment *: To challenge this indifferent attitude, I shared the full text of Rule * and Rule * from the Bar Council’s guidelines, which clearly outline the ethical responsibilities of advocates, including truthfulness, fairness to opponents, and due diligence. Despite this reminder of their professional obligations, many advocates responded dismissively, revealing a troubling disregard for the very ethical standards they are bound to uphold. [Experiment link: https://www.pathlegal.in/viewquestion.php?q_id=Q000000001034105] Experiment *: To clarify whether advocates are aware of their obligation to assess the legal validity of their clients' claims (i.e., conduct due diligence), I resorted to sarcasm by asking, "What’s the difference between an advocate and a stenographer?" I hoped this would provoke deeper reflection. However, instead of addressing the core issue—whether advocates should ensure the legitimacy of their clients' claims—the responses fixated on superficial distinctions between the two professions. This evasion only reinforced my concerns about the profession’s reluctance to confront its ethical responsibilities. [Experiment link: https://www.pathlegal.in/viewquestion.php?q_id=Q000000001032483] Lawyers Club of India Experiment: After gathering views on PathLegal, I raised the same issue on the Lawyers Club of India forum. Several advocates attempted to absolve themselves of ethical responsibility by claiming they were merely following client instructions, as though their sole duty is to defend their clients. This stance contradicts the Bar Council of India's guidelines on conduct, including due diligence and responsibility to the court and opposing parties. The belief that advocates are immune from accountability when acting on client instructions disregards the Bar Council’s rules against advancing false claims or using unfair means (Rule * and Rule *). Disappointingly, all advocates seemed to overlook their ethical duties. [Experiment Links]: https://www.lawyersclubindia.com/experts/request-for-assistance-alleged-misconduct-by-advocate-*.asp https://www.lawyersclubindia.com/forum/appeal-to-bar-council-*.asp Disturbing Court Observations In addition to these online discussions, I attended sessions at the Bhadra Court in Ahmedabad, where I witnessed similar unethical tactics in case number CVV */*. A landlord was found dealing with a tenant who had presented an invalid Banakhat (agreement to sell) on plain paper from the year * in *. Though the Banakhat was time-barred and defective, the tenant was able to secure interim relief, highlighting how such tactics can exploit legal loopholes and delay justice. First Change Inserted Below: It is important to underscore that the plaintiff’s advocate made no effort to challenge the validity of this Banakhat in court. This inaction emboldened the tenant to pursue interim relief. Had the advocate taken the initiative to question the Banakhat's authenticity and legal standing, the situation might have been resolved much earlier, saving the court's time and sparing the plaintiff years of unnecessary legal battles. The complacency displayed by the legal professionals involved demonstrates a growing trend of exploiting procedural inefficiencies for gain. Frivolous Claims Vs Ethical Practices I was disturbed by the mindset of experts on legal forums, prompting me to consult retired judges and law school professors. After these interactions, I discovered a troubling trend: many advocates believe it is not mandatory to conduct due diligence in verifying the legal validity of claims before issuing legal notices, assuming that the client's signature suffices. This "escapist mindset" is incorrect, as advocates are also responsible for the accuracy of the legal notice. When they neglect this duty, it burdens the judiciary with frivolous cases and places undue strain on individuals. By failing to exercise due diligence, Advocate [Advocate's Name] has contributed to a culture that undermines the integrity of the legal profession. Prayer I respectfully urge Your Lordship to forward this letter to the Bar Council for evaluation. By addressing the merits of this case, the Council can tackle the root causes of frivolous legal notices and take necessary steps to compel advocates to take their duty of due diligence seriously and avoid unethical practices, particularly the misuse of legal notices. Curbing these practices will not only lessen the judiciary's burden but also significantly reduce the hardships faced by ordinary citizens. I firmly believe that these actions will greatly contribute to restoring public confidence in the judiciary and reaffirming the ethical standards of the legal profession. Thank you for your time and consideration. Sincerely, Bharat Khatwani [Your Contact Information] The first change inserted below the LCI experiment paragraph introduces the issue of the advocate’s failure to challenge the Banakhat, while the second change—already elaborated elsewhere—is neatly included without repetition under the Banakhat section. Let me know if you need further refinements.

Read my draft to Bar council and opine.Bar Council of Gujarat Ahmedabad Subject: Complaint Against Advocate [Advocate's Name] for Professional Misconduct and Ethical Violations Respected Sirs, I am submitting a formal complaint against Advocate [Advocate's Name] for egregious professional misconduct that raises serious concerns about the ethical standards expected of the legal profession. The advocate issued a legal notice dated September *, *, demanding a grossly exaggerated amount equivalent to 150 years of rent for alleged repairs. This notice is entirely unsupported by evidence and violates the fundamental principles of professional ethics, aimed solely at intimidating me into unjust compliance. Background: On behalf of my tenant, Mr. [Tenant's Name], Advocate [Advocate's Name] issued a legal notice demanding payment for 150 years of rent, including 120 years based on a purported oral agreement from 24 years ago—an agreement never previously mentioned. This sudden and unsubstantiated demand is not only absurd but lacks any supporting documentation (such as receipts, photographs, or legal mandates). Furthermore, the notice fails to provide the usual indication of potential legal action, suggesting that the advocate was aware of its weak legal foundation. Instead, the notice includes unwarranted threats of fatal accidents and a sudden halt to rent payments, clear attempts to coerce me into meeting these unreasonable demands. Grounds for Complaint: Exaggerated and Unsustainable Claims: The notice is rooted in highly exaggerated and unfounded claims that do not reflect any factual or legal reality. The sheer absurdity of demanding 150 years of rent damages the credibility of the legal profession and constitutes an abuse of legal tools to pressure the opposing party. Failure to Conduct Due Diligence: Advocate [Advocate's Name] failed to perform basic due diligence to verify the legal validity of the claims. No supporting evidence was provided to justify these exaggerated demands, revealing a complete disregard for professional responsibility. Intimidation Tactics and Threats: The inclusion of unjustified threats—such as potential fatalities due to supposed structural deficiencies—without any factual basis is an unethical attempt to instill fear and coerce compliance with unjust demands. This conduct is clearly in violation of the advocate's duty to uphold fairness and justice. Breach of Professional Ethics: By issuing this baseless notice and employing intimidation tactics, Advocate [Advocate's Name] has acted in direct violation of the ethical standards expected of a legal professional. Such behavior undermines public trust in the legal system and damages the reputation of the profession. Request for Immediate Action: In light of the above, I respectfully request that the Bar Council initiate an inquiry into the conduct of Advocate [Advocate's Name]. Given the gravity of the advocate's actions, I believe that appropriate disciplinary measures should be taken to uphold the integrity of the legal profession. Thank you for your prompt attention to this matter. I trust that the Bar Council will address this serious breach of professional ethics with the urgency and diligence it requires. Sincerely, Bharat Khatwani Enclosed: Copies of the legal notice, my responses, and relevant correspondence for your review. [Your Contact Information] bharatk8@yahoo.com